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35 Tul. L. Rev. 531 (1960-1961)
Concursus: Interpleader in Louisiana

handle is hein.journals/tulr35 and id is 567 raw text is: CONCURSUS: INTERPLEADER IN LOUISIANA LEON SARPY* Concursus, the counterpart of the interpleader proceeding in Louisiana, is now contained in the new Code of Civil Procedure,' comprising articles 4651 through 4662. The subject was properly included in order to conform with the Louisiana State Law In- stitute's policy demanding a comprehensive procedural code. The reporters considered substituting the well-known name inter- pleader, but because of its civil law genesis and background, coupled with its use in Louisiana for over a century and a half, decided to retain the term concursus. The expression is unique in the great body of American Jurisprudence. It is not to be found in Anglo-Saxon law and is used only in Louisiana among the United States. I. GENESIS Concursus is taken from the French concours and ultimately from the Latin concurrere, meaning literally to run together. It implies a flocking together, a confluence, an assemblage, in its broadest sense.2 Its legal import is a competition between various parties for a certain thing, as will be pointed out later. According to Professor Henry George McMahon, although con- cursus is a creature of jurisprudence in Louisiana, the remedy traces its legitimate descent from the proceeding of the same name in Romano-Canonical law.3 This view finds ample support as far back as one thousand years when the term was employed in Canon law to signify a special competitive examination for aspirants to certain ecclesiastical offices.4 Between 1198 and 1216, Pope Innocent III inaugurated separate examinations for such appli- cants, and between 1545 and 1563 the Council of Trent provided for competitive examinations for candidates seeking pastorships of Canonical parishes.5 Whether in Roman, French or Spanish jurisprudence, the term in its legal import was later to be applied to a competitive strife between contestants in a judicial struggle to gain possession of *Member of the New Orleans Bar, Lecturer on Louisiana Practice at Loyola University, New Orleans, and one of the'three Reporters of the Louisiana State Law Institute on the Louisiana Code of Civil Procedure of 1960. 'Adopted as La. Act 15 of 1960, as the Louisiana Code of Civil Procedure of 1960. 2Webster, New International Unabridged Dictionary (1948), verbo con- course. 82 McMahon, Louisiana Practice 1747 n. 3 (1938). 44 Catholic Encyclopedia 208 (1913). 51., verbo Council of Trent (Sess. XXIV, Ch. XVIII).

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